Contents

Preface

1. Introduction – Masaji Chiba

I. PROBLEM

II. METHOD

III. WORKING HYPOTHESES

1. The Three-Level Structure of Law

2. Interaction between Received Law and Indigenous Law

Notes

References

2.

I. BRIEF INTRODUCTION TO THE HISTORY OF THE EGYPTIAN LEGAL SYSTEM

1. The Egyptian Legal System in the Islamic Era

2. Shari'a

3. Egyptian Legal Structure: Indications of Change

4. The Egyptian Legal Edifice and the Impact of the French Expedition

5. Egyptian Law from Mohammed Ali to the Promulgation of Modern Legislation

6. Modernization of the Egyptian Legal Structure from the Judicial Reform to the Montreux Agreement

7. The Montreux Agreement: Abolition of Foreign Concessions and Promulgation of Modern Egyptian Legislations

II. CONSTANTS AND VARIABLES IN MODERN EGYPTIAN LEGAL STRUCTURE

1. Decisive Factors in National Acceptance of an Alien Legal Culture

2. Application of the Theory of the Three Levels of Law to the Egyptian Legal System

III. RELATIONSHIP BETWEEN NATIONAL LEGAL CULTURE AND WESTERN POSITIVE LAWS

1. Dimension of Integration between Positive Law and Traditional National Culture

2. Dimension of Conflict between Western Positive Law and National Legal Principles

3. Dimension of Interaction between National and Western Positive Principles

4. Conclusion: Relationship between the General Principles of the Egyptian Civil Code and the Principles of the Shari'a

Notes

References

Glossary

3. Modern Law and Judiciary Reform in Iran, An Islamic Society – M. A. Nezami Talesh

INTRODUCTION

I. THE TRADITIONAL JUDICIARY SYSTEM OF IRAN: A Historical Sketch

1. The Development of the Sharia

2. The Shii Fiqh

3. The Basic Characteristics of the Sharia

4.

5. The Non-Sharia Judiciary

II. THE JUDICIARY REFORM IN IRAN

1. The Immediate Factors of Reform

2. The Nineteenth-Century Attempts at Judiciary Reform

3. Judiciary Reform Following the Constitutional Revolution of 1905

4. Judiciary Reform in the Pahlavi Period

III. THE MODERN JUDICIARY IN IRAN

1. The Constitution of 1907

2. The Civil Code

3. The Penal Code

4. Organization and Procedure

IV. CONCLUSION

Notes

References

Glossary

4. Competing Ideologies of Conflict Resolution in Sri Lanka, A Multi-Religious Society – Neelan Tiruchelvam

I. HISTORICAL DEVELOPMENT

1. Ideas in Organizing the Conciliation Board

2. The Ceylonese Scheme and Indian Model

3. Different Rationalizations in the Legislative Process

4. Shifting Ideologies of the Scheme, 1958–65

5. Shifting Ideologies of the Scheme, 1965–70

II. ANALYTICAL REMARKS

1. Ideologies in Coalition and Competition

2. Significance of Deprofessionalization

3. Concluding Remarks

Notes

References

5. People's Law in India, The Hindu Society – Upendra Baxi

I. INTRODUCTION

II. FROM DHARMA TO LAW: AND BACK?

1. Introduction

2. Lingat's Discussion on the Legal Nature of Dharma

III. HIGH CULTURE LAW AND SOCIAL MOBILITY

1. Brahminization and Anglicization of the Law during the Initial Period of Colonial Administration

2. Islamization: Law and Social Change in Colonial India

IV. PEOPLES LAW: DEVELOPMENT AND JUSTICE

1. Introduction

2. Description

3. Explanation

4. Evaluation

5. Tribal Law and Justice

Note

References

Glossary

6. Reception of Law in Thailand, A Buddhist Society – Preedee Kasemsup

I. THEORETICAL FRAMEWORK

1. Concept of Law

2. Categories of Law

3. Rhythm of Legal Development

4. The Role of Jurisprudence

II. THE TRADITIONAL THAI LEGAL SYSTEM

1. Historical Survey

2. The Thai Traditional Legal System

3.

4. Concluding Remarks

III. RECEPTION OF MODERN WESTERN LAW

1. The Emergence of Modern Western Law

2. Process of Reception

3. From English, through French, to German Law

4. Juristic Implication of the Reception

IV. CONCLUSION

Notes

References

Glossary

7. Three-Level Structure of Law in Contemporary Japan, The Shinto Society – Masaji Chiba

I. INTRODUCTION

1. Contemporary Legal System of Japan

2. Complexity of Law in Japanese Society

II. A BRIEF REVIEW OF JAPANESE LEGAL HISTORY: Development of Indigenous Japanese Law

1. Before the Meiji Restoration in 1868

2. Alleged Modernization of Law in the Meiji System

3. Indigeneity of the Meiji Legal System

4. Legal Reform after World War II

III. INDIGENOUS LAW ADOPTED IN THE CONTEMPORARY STATE LAW

1. Indigenous Official Law

2. Constitutional Law

3. Criminal Law

4. Family Law

5. Civil Law

6. Commercial Law

7. Procedural Law: Conciliation

IV. INDIGENOUS LAW PREVAILING UNOFFICIALLY

1. Indigenous Unofficial Law

2. Public Life

3. Family Life

4. Civil Life

5. Established Communities

V. INDIGENOUS LEGAL POSTULATES

1. Indigenous Legal Postulates Functioning in Society

2. Specific Legal Postulates

3. Diffuse Indigenous Postulates: Amoeba-like Way of thinking

VI. CONCLUSION

Notes

References

Glossary

8. Conclusion – Masaji Chiba

I. MAIN IMPLICATIONS OF EACH REPORT

II. VERIFICATION OF THE WORKING HYPOTHESES

1. The Three-Level Structure of Law

2. Interaction between Received Law and Indigenous Law

Notes

References

About the Authors

Index